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IN THE SUPREME COURT OF THE STATE OF HAWAI#I --- o0o ---

In the Matter of the JOSEPH PIMENTAL MEDEIROS TESTAMENTARY TRUST AND LIFE INSURANCE TRUST, Deceased.

NO. 24602 APPEAL FROM THE FIRST CIRCUIT COURT (TRUST NO. 01-1-0038) SEPTEMBER 3, 2004 MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, AND DUFFY, JJ. OPINION OF THE COURT BY MOON, C.J. Appellant Donna Gayle Bender appeals from the first circuit court's1 (1) September 12, 2001 order granting petition for instructions and (2) October 1, 2001 final judgment closing trust proceedings. The circuit court determined in its September

12, 2001 order that Bender is not a beneficiary under the Joseph Pimental Medeiros Testamentary Trust [hereinafter, the testamentary trust] and the Joseph Pimental Medeiros Life Insurance Trust [hereinafter, the life insurance trust, and, together with the testamentary trust, the trusts], which Bender's

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The Honorable Colleen K. Hirai presided over the underlying

proceedings.

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natural grandfather, Joseph Pimental Medeiros (Medeiros), established in 1942 via will and indenture, respectively. On

appeal, Bender essentially contends that the circuit court erred by: (1) applying the law in effect when the trusts were executed

in 1942 to conclude that her adoption during minority by her stepfather precludes her from being the "issue" of her natural father, Lawrence Medeiros (Lawrence), for purposes of claiming as a beneficiary under the trusts; and (2) failing to give effect to Hawai#i Revised Statutes (HRS)

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Hawaii Law